HomeMy WebLinkAboutOrdinance - 8473-1983 - Amend. Zoning Ord. #7084 And Lubbock Map Changes: Zone Case #1789-A. - 07/28/1983SMH/mck
ORDINANCE NO. 8473
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1789-A;
A SPECIFIC USE ZONE CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIONS :
OF SECTION 22.3-24 OF THE ZONING ORDINANCE FOR MINI WAREHOUSES ON A TRACT OF
LAND OUT OF SECTION 37, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4
OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly'
presented to the Planning and Zoning Commission for its recommendation which
was received by the City Council and, after due consideration, the City Council
finds that due to changed conditions, it would be expedient and in the interest
of the public health, morals, and general welfare to make those proposed changes
in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied with, as well as giving
notices in compliance with Section 26 of Ordinance No. 7084, as well as notices
provided by Article lOllf, Vernon's Annotated Civil Statutes, amended in 1961,
and notice was duly published in the Lubbock Morning Avalanche-Journal more
than fifteen (15) days prior to the date of the public hearing before the City
Council on such proposed amendment, and the public hearing according to said
notice was duly held in the City Council Room on the second floor of the City
Hall, Lubbock, Texas, at which time persons appeared in support of the proposal;
and, after said hearing, it was by the City Council determined that it would be
in the public interest, due to changed conditions, that the Zoning Ordinance
and the Zoning Map be amended in the manner hereinafter set forth in the body
of this Ordinance and this Ordinance having been introduced prior to first
reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 1789-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
A Specific Use Zone Change from C-4 to C-4 Specific Use Permit under
provisions of Section 22.3-24 of the Zoning Ordinance for mini warehouses
on a tract of land out of Section 37, Block A-K to the City of Lubbock,
Lubbock County, Texas, located at 39th Street and Loop 289, subject to
conditions and being further described as follows:
BEGINNING at a point which bears South an approximate distance of 1797.50
feet and West an approximate distance of 779.22 feet from the Northeast
corner of Section 37, Block A-K, Lubbock County, Texas;
THENCE South 20°06' East an approximate distance of 171.95 feet;
THENCE Southeasterly around a curve to the right with a radius of 1146.28
feet an approximate distance of 263.10 feet;
THENCE West an approximate distance of 641.30 feet;
THENCE North an approximate distance of 421.80 feet;
THENCE East an approximate distance of 518.66 feet to the POINT OF
BEGINNING.
CONTAINS approximately 5.65 acres.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. That the architectural treatment of the buildings be compatible with
the area.
b. That they be required to meet the 43 feet setback requirement.
c. Tied to the site plan as presented and approved by the City Council.
SECTION 2. THAT the Director of Planning of the City of Lubbock is
authorized to issue a Specific Use Permit to the Applicant in said Zone Case in
accordance with the recommendations and conditions imposed by the Planning and
Zoning Commission, on file with the office of the Director of Planning and the
City Council which are hereby adopted and incorporated herein by reference for
all purposes, provided said applicant agrees to be bound by the terms of the
Specific Use Permit, the granting of which is hereby made subject to compliance
to all provisions of Zoning Ordinance No. 7084, an Ordinance of the City of
Lubbock, including particularly, but not limited to Section 22 of Zoning
Ordinance No. 7084, which provides that a Specific Use Permit and a Building
Permit shall be applied for and secured within thirty (30) months of the
effective date of the zone change or all undeveloped property shall automat-
ically revert back to the C-4 zoning district; and the Director of Planning in
such event is directed to remove from the Zoning Map the legend indicating such
limited use. The Specific Use authorized by this Ordinance is permitted under
provision of Section 22.3-24 of Zoning Ordinance No. 7084 on the property
respectively described as Section 37, Block A-K to the City of Lubbock, Lubbock
County, Texas.
SECTION 3. THAT violation of any provisions of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as
provided in Section 1-4 of the City Code.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word
of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
. •' ' -
AND IT IS SO ORDERED.
Passed by City Council on first reading this
Passed by City Council on second reading this
28th day of _J=u=-1...,y ___ , 1983.
11TH day of August , 1983.
E. JACK BROWN, MAYOR PRO TEMPORE
ATTEST:.
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
~THE STATE OF TEXAS
COUNTY OF iUBB~CK
Before me onn e McKee . . cl Notarv fu~~cniB.rBi for Lubbock County. Texasbn this ac..
personally appeared Twi I a Auf 111' Accoun · of the Southwesterh Newspa-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sundo'fy. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Lel!a I Notice;...700 ·words@60t, Per
WO rd-$420.00 ' No. · 720130 · at Lubbock County. Texas and the attached print-
ed copy of the Notice is a true copy q( the or,iginal and was printed in the Lubbock
Avalanche-.Journal on the following dates: Aul!us t 13 & 20, 1983 •
L-4102
LUBBOCK AVALANCHE-.JOURNAL
·· apers·corporation
,;, ·n to befo.re me this 22nd day of Aul!U!i t ,19~